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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 110574
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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my daughter was just pulled over and given a ticket for something

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my daughter was just pulled over and given a ticket for something that happened two weeks ago and was not witnessed by the cop giving her the ticket.

She was on the side of the road helping her boss who had just wrecked her vehicle (different cop was already with boss) my daughters car was a little in the road still and as another car came up behind her she went to pull her car out of the way and her car slid sideways (heavy downpour, slippery roads) and hit the cemetery fence. She was there the whole time the cop was with her boss and he never said a word to her. She pulled away and took her boss home.

The cop today pulled her over asking how her rear bumper got scratched up and she told him. He told her he would be nice and not give a ticket for leaving the scene of an accident but gave her one for failure to keep right.

Is this right??
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

If there was a police report written on the damage to the cemetery fence and her vehicle was put out on the list for being wanted for the accident, then yes, he could write a ticket. However, that does not sound like what happened here and it sounds like this officer has overstepped his bounds because he cannot come to court and testify to anything about the damage. Your daughter would not and should not testify in court and without her testifying as to what happened, the officer cannot testify first hand, only hearsay about what your daughter said which would not be admissible. Why he issued this is beyond me, but she needs to plead not guilty in accordance with the instructions on the ticket and then go to court and the prosecutor will dismiss it as long as she makes no more statements about how the scratch occurred and does not testify because the officer has no way to testify about how it happened.

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Law Educator, Esq. and 4 other Legal Specialists are ready to help you
Customer: replied 3 years ago.

She said he told her that the cemetery called their insurance company saying that they won't pay for the damage to her car. The cop told her had to fill out an accident report. :/

Thank you for your response, this makes a bit more sense.

If there were witnesses then they MUST SHOW UP IN COURT, because the police officer cannot testify. Of course, you need to notify her insurance company too because if there was damage to the fence they can come after her for damage. However, if the cemetery people do not show up as witnesses there is little chance the prosecutor will pursue the ticket at all as the officer did not witness any of this, as I said above.
Customer: replied 3 years ago.

thank-you! I will also have her call the cemetery and offer to pay damages or volunteer some hours as payment for the damage to maybe help the situation a little better. We will have our local attorney handle this as she will be gone to college in Ohio when her court date comes up :/

If the cemetery agrees to accept payment get them to give her a simple written release saying that they took payment in exchange they release her from any further liability. If damages are paid, that is all the prosecutor cares about anyhow.

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